Wrong item sent- surely I haven't got to pay to return?

soolin

JethroUK wrote: »

true- the seller may be forced to adhere to the law of the UK

I for one would not eat the return postage of a wrongly delivered item just because eBay refuse to condone UK law

So to clarify. You will allow ebay/paypal to close the case on the basis that buyer will not return the goods. You will then have no refund and still have the goods- at which point you will spend money (is money claim online £35?) to chase the seller and assuming case is heard in person travel to the sellers choice of local court. Yes you will get your money back assuming court doesn't think you should have taken ebay's offer so are partly to blame, but you will have faffed around for days .

As long as OP realises that is what you are saying.

We all know the law and how DSR relates to business sellers, but some of us will not lose a lot of money just to say 'we know our rights'. Sometimes you need to be pragamatic.

Alternatively OP return goods at your own cost, maybe look at a low cost courier as you only need proof of attempted delivery. Then get the refund and hit the stars and feedback hard. Then wait and see if seller decides to buy you out of the feedback- many will, but refunding the return postage as well in return for feedback removal. Get your extra refund first and let neg stand

pinkshoes

OP, just return it TRACKED, then put AGAIN in the dispute that as the seller sent the wrong item, you also expect them to pay for return postage too.

DO NOT mention feedback in any message to seller.

If seller doesn't refund additional postage too, leave a neg, and send a 'letter before action', threatening them with court action unless they refund return postage. Ebay will probably refund you the return postage anyway.

[Deleted User]

JethroUK wrote: »

Thats not only wrong - but illegal - you could take them to small claims


Suprised Ebay sided with selling goods not as described unless we're missing some of the story

Have they confirmed that you wont get the return postage back (they maybe intending to refund both at same time)

Does the seller acknowledge they have sent the wrong item or is that just your opinion?

Seller sent wrong version of a computer product. A Comtrend 902 was advertised but a Comtrend 10PF was sent (an old obsolete version).

Seller says they will refund return postage when they get item back. In my experience, this means you have to chase them for it qnd most dont bother.

JethroUK

I would not send it back at all!!!

make it clear to the seller they have 30 days to refund wrongly sent item as they had due notice that the contract was cancelled and no longer exists between them

you were happy to arrange for "their" goods to be returned to "them" but due to misunderstanding you think it would be better if they make their own arrangements to recover the item and you will give them 30 days to do so

RainbowDrops

richto wrote: »

Or send them a tracked envelope with a note telling them the item can be collected at their expense / convenience...;)

Or send them back another tracked item, then when they receive it, apologise for sending them the wrong item, but if they return it you you, you will resend the correct item, although they will have to pay the return postage.

DISCLAIMER: THE ABOVE SUGGESTIONS ARE, of course, TONGUE IN CHEEK & FRAUDULENT.

sham63

JethroUK wrote: »

I would not send it back at all!!!

make it clear to the seller they have 30 days to refund wrongly sent item as they had due notice that the contract was cancelled and no longer exists between them

you were happy to arrange for "their" goods to be returned to "them" but due to misunderstanding you think it would be better if they make their own arrangements to recover the item and you will give them 30 days to do so

richto

RainbowDrops wrote: »

Or send them back another tracked item, then when they receive it, apologise for sending them the wrong item, but if they return it you you, you will resend the correct item, although they will have to pay the return postage.

DISCLAIMER: THE ABOVE SUGGESTIONS ARE, of course, TONGUE IN CHEEK & FRAUDULENT.

They are not fraudulent; nothing legally wrong with it if you guenuinely make the item available for collection, or ship it on receipt of P&P. It might be a breach of eBay T&C but its hardly likely to bite you...

richto

JethroUK wrote: »

I would not send it back at all!!!

make it clear to the seller they have 30 days to refund wrongly sent item as they had due notice that the contract was cancelled and no longer exists between them

you were happy to arrange for "their" goods to be returned to "them" but due to misunderstanding you think it would be better if they make their own arrangements to recover the item and you will give them 30 days to do so

Terrible and clueless advice. And if they don't pay you, you want to waste time visting their local small claims court to get your money back?

George_Michael

richto wrote: »

Terrible and clueless advice. And if they don't pay you, you want to waste time visting their local small claims court trying to get your money back?

Even if it went to court, there is no guarantee that the court would find in the buyers favour.
Why?
When attempting court action, you have to show that you attempted to mitigate your losses, and by refusing to accept the ebay enforced refund of the item cost and original P&P they have not done this.
They would probably get awarded the return postage costs, but then might end up having to pay court costs.


Jethro appears to be the sort of person who if waiting to cross the road at a Zebra crossing would happilly walk out in front of a car even if it was clear that the car wouldn't stop, safe in the knowledge that at least he had the right of way.

JethroUK

George_Michael wrote: »

Even if it went to court, there is no guarantee that the court would find in the buyers favour..

there is - it's cast iron guarantee

George_Michael wrote: »

Why?
.....

because that is the law!!! - Read about it one day

have you not heard the Ebayees acknowledging that - and copped the 'it aint worth the bother' approach to breech of law

I'll need to be desperate to shop on Ebay again